Q&A: Notices of Construction

Notices of Construction

My neighbors are currently undergoing extensive renovations in their unit during the day. However, we have not received any notice of what days it's supposed to take place, and for how long. Are we entitled to know? If so, whose responsibility is it to notify us? The managing agent, the construction company or our neighbors? What are the laws that govern individual owners' rehab/construction work schedules and length of time and notification requirements to adjoining unit owners? What's the managing agent's role in such scheduling/notification and oversight? Also, what is the managing agent's liability and association's liability when it comes to extensive work?

—Sanded in Fort Lauderdale

“Neither Florida Law, or any Broward County ordinance, requires an owner to give his/her neighbor notice of any planned renovations,” says Leonard Wilder, an attorney at the law firm of Bakalar & Associates, P.A. in Plantation. “Any such notice requirement, if one exists, could be found either in the municipality where the work is being performed and/or the Declaration of Condominium and the Conditions, Covenants & Restrictions for the community in question.

In our practice, any existing pre-notification requirements are typically for the benefit of the association so that the association can obtain proof of insurance and licensure or approve the work if such requirement exists in the governing documents. We have not encountered, in recent memory any associations, be it HOA or condo that requires owners to provide notice to other owners of work scheduled to be performed.”